Due process, as well as democratic values, are threatened in Bangladesh by the actions of state agencies seemingly determined to subvert for political purposes the inquiry into the events surrounding the birth of our nation. The wanton arrest of MP Salauddin Quader Chowdhury demonstrates the extent of the attrition of due process in Bangladesh.

Saturday, December 25, 2010

Eight days ago, on December 16th, the Awami League government of Bangladesh arrested, detained and allegedly began to torture BNP leader Salauddin Qader Chowdhury.
This is abhorrent news, no matter the turns of fortune in a man’s life, no matter the moral worth of a cause, no matter the government’s writ on the matter. That Mr. S Q Chowdhury is in opposition to the sitting government remains uncontested; that he is wanted for war crimes remains an accusation, yet to be incontrovertibly proven; that he deserves to be treated in a humane manner is, and will remain, a substantive and procedural requirement that this government, any government, must meet in order to be considered a legitimate agent to lead and satiate the needs and interests of a people.
On December 16th, Mr. Chowdhury, a member of the BNP standing committee, was arrested by a contingent of security forces that included the Rapid Action Batallion (RAB), the paramilitary force that is known to have done the government’s militant, murderous, work. He was then brutally tortured in his own apartment, it is alleged by Amnesty International, before being taken into custody for more than five days. The ostensible reason? That, in the first instance, he is involved in an arson attack in which one person died, and only then that he stands accused for acts and facts entertained nearly 40 years ago–all those things that are now being thrown around in the name of war crimes.
The government claim is that he is being interrogated for his connection to a murder case. Never mind that it could never take 5 days to interrogate one person’s connection to another person’s murder. This, rather obvious fact, gave way to other charges for which he was remanded to a longer term in custody. This is baldly the circumstances that stand behind torture–detention and disappearance–to which the government, its paramilitary force and the police have acceded.
Contrary to the claims consistent with due process, the allegations brought against the government include charges that Mr. Chowdhury was tortured at his apartments with instruments designed for that purpose, that he repeatedly received electric shocks to his testicles and that he was tortured to the point where he lost consciousness, only to be revived in order to be tortured again.
Amnesty International, a leading global human rights advocacy organization, has found on the matter that Mr. Chowdhury deserves medical treatment and humane protection against the government:“The Bangladeshi government must ensure that Salauddin Quader Chowdhury is protected and treated properly and that these very serious allegations of torture are investigated.”“In particular, the authorities must ensure that he has access to the necessary specialist medical attention, including by independent doctors.”
To show the seriousness of the allegations, Amnesty has published the context behind the matter, a treatment of the affair that must give the casual and interested reader of Bangladeshi politics pause:“Chowdhury was arrested on 16 December in connection with a case in which a private car was set alight in Dhaka on 26 June, killing a passenger. On 19 December, the International Crimes Tribunal, a Bangladeshi court, issued an arrest warrant against him for alleged crimes against humanity during the 1971 Liberation War.”“According to reports received by Amnesty International, a combined force of Rapid Action Battalion (RAB), Detective Branch (DB) police, and the Directorate-General Foreign Intelligence (DGFI) arrested Chowdhury in the early hours of 16 December at an apartment in the Banani neighborhood in Dhaka.”“Amnesty International is deeply concerned about the allegations, and considers the reported torture of Salauddin Quader Chowdhury, as of any other human being, wholly unacceptable.”
The Inspector General of the Police Hasan Mahmud Khondakar, of course, denies the allegations. But as to proof that the government is not engaging in such acts? Nothing that merits any standard of proof, as such. The only demonstrable proof that due process is being done remains the government’s insistence that it has not engaged in acts of torture. However, normative codes that the current government itself sponsors, requires that the government produce material evidence to the contrary of allegations made against it. That there is torture being conducted is, according to the government’s own writ by the Constitution, a claim that merits attention. The government must demonstrate that it is not engaging in torture. Thus, the strict and frequent denials of the sitting government against torture truly merit no righteous claim apart from cheap talk.
Interestingly, a quick check in the national media shows that the story has stopped running in the main and popular presses. Whether there is at work a government stricture against pushing this news will always remain an open question; however, it is hardly a surprising turn.
However, international news outlets like Britain’s Guardian newspaper has run with this news on the heels of the recent Wikileaks revelations that the British government has been training the RAB death squads in a move to contravene U.S law that denies foreign support for known paramilitary forces.
Citing the Amnesty International allegations on the facts, the Guardian reported:

“Chowdhury’s ordeal began shortly after he was arrested at an apartment in the Banani district of Dhaka. His captors are reported to have brought with them a number of torture implements and a doctor, who revived him three times after his lost consciousness while being tortured at the apartment.”

“The mistreatment is said to have included applying electrodes to his genitals, beating him, slitting his stomach with razors and twisting his toenails and fingernails with pliers.”

“Chowdhury was then taken for hospital treatment before being detained at a police headquarters. He was briefly filmed at the hospital, and could be seen to be bloodied and unable to walk unaided. Amnesty believes he is at risk of further severe mistreatment.”

There is here the fear of death, the stench of decay, physical and moral. Of course, governments are not corporeal bodies; but their politically sponsored claims are: they can fall and decay as might any man or woman. Government’s stand for righteousness, decency and justice: seemingly individualized claims marshaled for collective bodies. On those grounds the government’s claims to a superior standard, on which it won election in 2008, are faltering.

Whatever the charges brought against Mr. Chowdhury and whatever the acts committed that stand behind those charges, he deserves the due process given him by law and decency. Whatever his party affiliation, he deserves the legal standing of a defendant at the door of what one might hope is righteous jurisprudence.

Now this on-going story has been called to stand behind a protest strike scheduled for December 26th. No doubt, there will be restless violence on the streets of Dhaka. Thus for its writ to further the public interest, the allegations brought by Amnesty demands the attention and proper response of the government. For, if this conduct continues the claims of legitimacy and decency that it wishes to uphold under the Constitution of Bangladesh will fall.

Indeed, this forum has long supported the current AL government’s macroeconomic and macro-social policies as welfare increasing moves that have affected change for the better in the lives of the average Bangladeshi. At the same time, this forum has registered deep concern for the gross human rights violations in which the government and its security arms have long engaged. The allegations of Mr. Chowdhury’s torture only remind the reader of this forum that as long as these acts are committed by sponsored arms of the government, there is yet a long while to go before the government can claim ownership of all those values in which it wishes to clothe itself.

This news, domestically generated, now internationally focused must give the current AL leaders cause to worry. For now the claims of rights violations trump the historic cause of justice and readily bring shame amongst those very same leaders who, for years have rang out the claims of liberty and decency during the long years of rightist BNP rule.

Bangladesh responds to criticism of its plans to try war criminals

Dec 16th 2010 | DHAKA | from PRINT EDITION

BANGLADESH’S government had been hoping for swift justice when it set up a war-crimes tribunal in March. Its plan was to put dozens of people on trial for atrocities committed during the country’s secession from Pakistan nearly 40 years ago. Now, with nobody even formally charged, it is bowing to criticism that its vision of justice was flawed.

Some opposition politicians have accused the government of waging a vendetta. The government made clear early on that it would not try to prosecute Pakistanis who fought for West Pakistan against the separatists of East Pakistan (as Bangladesh was then known) in 1971. Hundreds of thousands of civilians—officials say as many as 3m—were killed in the nine-month conflict. Instead, it is targeting only Bangladeshi citizens accused of collaborating with the West Pakistanis. Some of the most prominent alleged collaborators happen to be members of Jamaat-e-Islami, Bangladesh’s biggest Islamic party and a partner in the main opposition alliance.

In August the tribunal detained five Jamaat-e-Islami leaders to prevent them from “hindering investigations” into war-crimes allegations against them. Their party supported West Pakistan’s army in 1971. On December 16th, police arrested a politician of the opposition Bangladesh Nationalist Party on unrelated murder charges. He has also been accused of war crimes. Opposition supporters say the government is flouting justice.

There is little support for these arguments among ordinary Bangladeshis. In a country where trial standards are generally low, most people cannot see why alleged war criminals should be treated any better. Some say the rights of victims are being ignored. “The perpetrators are Bangladeshi, the victims are Bangladeshi, the crimes took place in Bangladesh, the trial will be in Bangladeshi courts under Bangladeshi law. We should set our own standards”, says Sharier Kabir, a leading campaigner for the trials. His cousin was one of many intellectuals who were abducted and killed in the war.On this point they have growing support. Human Rights Watch, a New York-based lobby group, says that “significant improvements” are needed in Bangladesh’s International Crimes Tribunal Act of 1973, under the terms of which trials are to be held. Critics’ concerns include lax rules for the admissibility of evidence and inadequate appeal procedures.

But the government appears to recognise that domestic support is not enough and that the trials will need more time. The law minister, Shafique Ahmed, has admitted that they might not be finished until 2014, when the government’s term ends. Having long fiercely rejected criticism of the tribunal act, officials are showing signs of softening. They have invited Stephen Rapp, an American diplomat looking into war-crimes issues, to visit Dhaka next month to assess the proceedings himself. Sources say they have also asked the UN for assistance. This is risky for the government, which will be accused of vacillating or even caving in to foreign pressure. But justice needs to be seen to be fair.

Dhaka, Dec 16 (bdnews24.com) — Salahuddin Quader Chowdhury has complained to the court that he was tortured by RAB and DGFI men.

At a hearing on Tuesday at the Dhaka Metropolitan Magistrate Court judge Mohammad Najrul Islam gave him permission to speak for two minutes.

Salahuddin was shown arrested in a case filed over arson of a private car near Maghbazar rail crossing on June 26.

The parliamentarian complained that he was severely beat up by members of the Rapid Action Battalion (RAB) and Directorate General of Forces Intelligence (DGFI).

"My nose was bleeding. Look at my face," he said to the judge, "They also hit my feet really hard. There's still blood on my shoes."

He alleged that his bloody shirt was removed.

Salahuddin said the torture was an insult to the parliament.

"I have been elected to the parliament six times. I've never lost an election."

"If Bangabandhu Sheikh Mujibur Rahman were alive he would not let such a thing pass. My physical persecution was an insult to the honourable prime minister. I wear a ring in my heart."

Salahuddin said he was at Chittagong during the car arson incident in Maghbazar.

"It was said in the charges that I make provocative speeches. I will stay in the remand for 10 years if you find one provocative word in my speech."

The remand petition by Dhaka Metropolitan Detective Police inspector Fazlur Rahman said that on June 26, the day before BNP-called a countrywide shutdown, a private car was set ablaze and two people had been injured. One of the critically injured, Faruk Hossain, died while undergoing treatment.

The petition added that Salahuddin instigated party leaders and activists to go on a 'killing spree' during that hartal and even offered rewards.

The prosecutors had said police needed to question Salahuddin to glean more information and evidence linked to the incident of arson leading to the death.

The petition also presented a list of cases filed against Salahuddin with 11 police stations across the country, 35 cases under income tax ordinance and general diaries.

At around 4.30am Tuesday, the senior opposition leader was arrested from a house in Banani, Dhaka.

A petition has been made, for people to sign and support Salauddin Quader Chowdhury. This is to show the existing government, that people are raising their voice towards unlawful acts by the current Government of the Mujib Family.

Un edited Video of Salauddin Q.Chowdhury after 5 hours of torture - Being brought out of PG hospital after a patch up job and change of bloody clothes, to be tortured for another 7 hours at the DB headquarters.

These footages simply show how injustice the Bangladesh Government was towards Salauddin Quader Chowdhury. It is to portray how badly the Human Right violation is being taken care of in the country. We are raising our voice towards unlawful act by the current Bangladesh Government.

DHAKA: Amnesty International on Thursday urged Bangladesh to investigate claims that a politician arrested as part of a war crimes probe has been tortured in custody.

Salauddin Quader Chowdhury, a key figure in the opposition Bangladesh Nationalist Party, is accused of war crimes during the bloody nine-month liberation struggle against Pakistan in 1971.

Amnesty said the government should ‘immediately investigate allegations that... security forces have tortured Salauddin Quader Chowdhury during interrogations.’

Chowdhury may have been subjected to torture including ‘applying electrodes to his genitals, beating him, slitting his stomach with razors and twisting his toenails and fingernails with pliers,’ the rights group said. Chowdhury was arrested last Thursday and is likely to face charges brought by the war crimes tribunal.

The tribunal has said it has found evidence of Chowdhury committing genocide, rape, arson and looting during the war. ‘I saw my father yesterday and he has been badly tortured - he said the people who did this to him had a doctor with them, they had special equipment to torture him,’ Chowdhury’s son, Hummam Quader Chowdhury, told Thursday.

The tribunal was set up in March to try people suspected of atrocities during the campaign for independence from Pakistan led by Sheikh Mujibur Rahman, Bangladesh’s founding father. afp

Government faces legal challenge over training of Bangladeshi 'death squad'

Members of RAB have been held responsible for hundreds of extrajudicial killings. Photograph: Abir Abdullah/EPA

The government faces a legal challenge to its support for a Bangladeshi paramilitary group described by human rights organisations as a "government death squad".

Lawyers are to seek a judicial review of the legality of training assistance provided to the Rapid Action Battalion (RAB), arguing that it places the UK in breach of its obligations under international law.

Members of RAB have been held responsible for hundreds of extrajudicial killings since the unit was established in 2004. The unit itself admits to being responsible for more than 600 deaths, which it euphemistically attributes to "crossfire".

Dhaka has resisted pressure to disband the unit, with one government minister declaring last year: "The government will need to continue with extrajudicial killings, commonly called crossfire."

Details of British support for RAB were revealed in US embassy cables released by WikiLeaks and reported by the Guardian on Wednesday. They show that the government has been providing training in "investigative interviewing techniques" and "rules of engagement".

At least some of the training has been provided by serving police officers who travelled to Bangladesh under the auspices of the National Policing Improvement Agency (NPIA), a body established three years ago to promote good practice in UK policing and share it with overseas police.

The legal challenge is being mounted by Phil Shiner of Public Interest Lawyers, which represents the family of Baha Mousa, the Iraqi hotel receptionist tortured to death by British troops in 2003. In a letter to the Foreign Office and Home Officetonight, the firm alleged that the UK had "aided and assisted Bangladesh in breaching peremptory norms of customary international law". The UK must withdraw its support for RAB, conduct a prompt investigation and possibly pay compensation to the unit's victims.

Shiner said: "The British public by now should be sick of our governments' hypocritical approach to torture and unlawful killings. It pretends to condemn both, but in practice it aids and assists states that they know are violating these basic rights. This represents a serious violation of international law."

The Foreign Office has defended the training as "fully in line with our laws and our values". A spokesman sought to suggest it was providing only "human rights training" for RAB, although NPIA says other training has been given, and RAB's head of training told the Guardian he was unaware of any human rights training since he was appointed last June.

NPIA, asked whether it was appropriate for British police to be training members of "a government death squad", and whether courses in investigative interviewing techniques might not render torture more effective, said the support had been approved by the government and the Association of Chief Police Officers.

RAB officers say they received British assistance as recently as last October, five months into the coalition government.

The leaked cables make clear that the United States believed RAB would be an ideal partner in counter-terrorism operations, but was unable to offer the sort of assistance the British have been providing because of the US law, which prohibits training or financial support to overseas military units responsible for gross human rights abuses.

Complaints about British support for RAB are to be raised at a human rights advice group established last month by William Hague, the foreign secretary. Sapna Malik, a lawyer and member of the group, said: "The reports make for very disturbing reading and I intend to raise this issue at the foreign secretary's advisory group on human rights."

Human Rights Watch, the New York-based NGO that has been condemning RAB as a death squad for more than four years, said the UK should withdraw its support immediately.

Meenakshi Ganguly, the group's South Asia director, told the Associated Press: "Criminals should be arrested, prosecuted and punished, not randomly picked up and killed in an effort to put an end to the activities of which they are suspected. The UK and the US should stop their co-operation unless there are immediate and visible efforts to reform RAB, and hold those responsible for human rights violations to account."

Human rights activists say they were particularly dismayed to learn of the British support for RAB, as the unit enjoys a degree of popular support in Bangladesh, and is likely to be disbanded only as a result of pressure from other governments. They argue that British support lends a degree of legitimacy to RAB and to the methods it employs.

Background

Bangladesh's Rapid Action Battalion is notorious not only for the large number of extra-judicial killings it carries out each year, but for its routine use of torture. On Wednesday, Amnesty International reported that an opposition MP, Salauddin Quader Chowdhury, 63, had been tortured after being detained by RAB officers and intelligence officials last week.

Chowdhury, a member of the Bangladeshi Nationalist Party, was initially arrested for questioning over an arson attack in which a person died, and was then reported to have been charged with offences allegedly committed during Bangladesh's 1971 war of independence.

According to Amnesty, Chowdhury's ordeal began shortly after he was arrested at an apartment in the Banani district of Dhaka. His captors are reported to have brought with them a number of torture implements and a doctor, who revived him three times after his lost consciousness while being tortured at the apartment.

The mistreatment is said to have included applying electrodes to his genitals, beating him, slitting his stomach with razors and twisting his toenails and fingernails with pliers.

Chowdhury was then taken for hospital treatment before being detained at a police headquarters. He was briefly filmed at the hospital, and could be seen to be bloodied and unable to walk unaided. Amnesty believes he is at risk of further severe mistreatment.

Bangladeshi nationals are struggling and horrified by the social torture !

15 hours ago

iReport —

Bangladeshi nationals are struggling today at their own country!

This country founded on a struggle for national liberation, which is known as the People's Republic of Bangladesh. It pledges nationalism, democracy, socialism and secularity as the fundamental principles defining the Republic and declares the pursuit of a society that ensures its citizens- the rule of law, fundamental human rights and freedoms as well as equality and justice, political, economic and social.

Equality before law: All citizens are equal before law and are entitled to equal protection of law. Where is the equality today?

Why Bangladesh Rifles revolt at 2009? Whose order was that? If there is equaljustice under law then “A GROUP OF PEOPLE” who was involved in BDR Mass killing plan needs to be prosecuted. This is absolutely unacceptable to accuse only BDR Jawans who took the order from their leader and today their name tactfully covered up and government is not disclosing the Actual Group of People who was involved into this plot. It is very clear that the people who are involved not coming to the public scene by governmental pressure.

·Why so many BDR Jawans died in sudden suspicious heart attack while they were in custody for interrogation? Many BDR Jawans disclosed the real name at the interrogation process and all of them died in the custody skeptically.

·Why all the Jawans brutally assaulted all the innocent Army officials’ family members’ right after Home Minister Sahara Khatun convinced some of the mutineers to give up their arms?

·Why PM didn't act properly and did not help those first 5 officers who was hostage at the beginning? Those Army officials constantly contacted via phone to PM to save their life but within few hours they were brutally killed on that spot.

·Why there is a new set-up of untrained Army now?

This is a disgrace for the nation while they are killing their own people and taking the Soldiers life away at their own land without a war. These loyal Soldiers are saving their country but no protection on them. Who is responsible for this?

Bangladesh got independence 39 years ago but no freedom of people at Republic of Bangladesh today. During the two-day mutiny, BDR soldiers killed 57 officers and 15 of their family members, including the director general and his wife. The amount of Army officers muted in BDR massacre which exceeded liberation war of 1971. This is a disgrace that loyal soldiers got muted at their own country.

IfJustice is equal under law then current Labor Minister Khondokar Mosharaf Hossain needs to be prosecuted for the suspicious death of his wife by him, there was no charge filed against him since he is father-in-law of PM’s daughter. They are violating law but no one questioning about this issue because there is no freedom of speech. Justice department is controlled by the Govt. Why innocent Bangladeshi people will listen to these unruly politicians? They are talking about the history of 'Mukti-Judho'; at the same time they are violating the law and taking the basic freedom away from the nation. Does Bangladeshi deserve the political game like this?

Why these people revolted and killed the nation of father? Father of the Nation Bangabandu was a great human being but his own family ruined his reputation. Unfortunately this family has many allegations during 1975; few family members assaulted the Army officers’ wife. Army officials took this assault very seriously and complaint to Sheikh Mujib family but no action been taken. Those Army officials revolted and took the initiative to kill the whole family of this honorable leader Sheikh Mujib. The Urdu word “Awami” mean People, today the dynasty ruler is ruling the country by using his title by not following Bangabandhu’s attitude. True patriot is more affective to protect their own country but people are insecure today with the act of political leaders. Political leaders are getting elected to fulfill their intention how to make money and where they can use illegal power. Today politics is known as dictatorship in the name Democracy.

Many people are tortured due to both parties personal resentment. There are so many divisions in the same political parties. Rapid Action Battalion or RAB is an elite anti-crime and anti-terrorism unit of Bangladesh Police constituted amending the Armed Police Battalion Ordinance. But they are engaged with corruption by the authority’s order. Many sources reported that RAB is torturing innocent people forcefully and no action has been taken against them. Hence, they claim themselves as RAB which is a fake RAB group and they disguise their identity right after torturing innocent people.

Senior Leader like MP Salaudiin Q. Chowdhury was mistreated by the Government forces abusive power recently. Respectful MP Salauddin Q. Chowdhury has a big mouth that never fears to speak truth out loud. MP Salauddin QC does not do politics for the money or fame. Politics flows through his blood. Eminent brave politicians like Salauddin Q. Chowdhury have been tortured illegally without trial and prosecution; his fundamental rights were taken away by the Govt forces. If those allegations were legitimate then why it took so long for those people who are accusing him after so many years? It is clear that there must be a political resentment on him. Govt party is falsely accusing him that he was involved with strike/hartal and other activity. If this is the case then where is the law and order these days? Why Govt cannot control the unruly group of people who was striking on MP's van with broom in front of police? Police was silent to the violent crowd. Who gave this power to the police & the violent crowd? What does that say? Where is the security of MP's life who was tortured in a brutal way? Why Govt is not protecting human right? People can clearly judge this unlawful activity. If a leader can be tormented brutally then people can imagine what is happening to many other people in the country while they are chosen to be tortured forcefully.

This is about time people of this country should be aware with the individual rights and needs to be united to construct a civil society and work hard to stop this illicit activity, brutality, torture, killing, Ransacking otherwise more people will be taken away forcefully.

Honorable Dr. Yunus is a great pride for Bangladeshi. Dr. Yunus is a great asset of this entire nation. It is Bangladeshi’s duty to protect their own asset instead he has been humiliated by the Govt and others with false allegation. This is becoming a nature of accusing someone without judging right or wrong. This is a disgrace for the nation to show disrespect to an honorable human being who earned Nobel Peace Prize of his great inventionto help the clients establish creditworthiness and financial self-sufficiency.

It is absolutely indecent to speak ill about a deceased person who's already beenassassinated, this is great disrespect for the departed soul.Governmental Party leader openly criticizing about Shaheed President Zia ur Rahman with absolute disrespect. Shaheed President Zia Ur Rahman served for the country and country gave him honor after his death by naming the Airport as ‘Zia International Airport’. But Zia International Airport's name was changed by this current government which is an insult towards Shaheed Ziaur Rahman. They are treating this country as their personal property by naming all the hospital, Stadium and changing all other institutions name as government's family members’ name. This disparage is setting up a poor example to the next generations and rest of the world. There won’t be any good values/ethics to pass on to the next generation.

People are very proud of few respectful politicians like Huseyn Shaheed Suhrawardy, Maulana Abdul Hamid Khan Bhashani, Liaquat ali Khan, Khawja Nazimuddin and Maulana Abul Kasem Fazlul Haq of thier great deeds and contribution in the society. They are great example of well-mannered with humble personality that people will always remember. Media or any people cannot speak publicly about the truth or truly admire these great politicians because they will be criticized as "Razakars" by current Govt Parties. No one has right to erase these great personality from the history. India never fears to praise about great personality like Mohatma Gandhi and so does the other part of the world. Bangladeshi people are losing freedom of speech. Many Bangladeshi National's reported that they are ashamed of these disrespectful leader‘s of Bangladesh today who has lack of education, manner, dignity and moral ethics. When government visits foreign counties or any delegates; they humiliate their own country with ill- comments and open negative criticism which is an embarrassment for the Bangladeshi national's who lives abroad.

Today, there is lack on social development or economic development, No Freedom of Movement, No Freedom of Assembly, No Freedom of Association, No Protection of Home and Correspondence, No Enforcement of fundamental rights. People are tired of strikes, torture by the Govt. Soon or later, the next generation will not be interested to study journalism as a career.The Society of Professional Journalists is dedicated to the perpetuation of a free press as the cornerstone of the nation and the liberty. Hence they are suppressed and not allowed to speak or write freely due to political pressure. Eventually this noble profession of Journalism will decay. Next generation will be deprived from the truth of this society and history.

The nation wants peace, real democracy, independence, freedom from this type of family dynasties dictatorship; people want respect and protection of basic human rights so that they can share with rest of the civilized world. They want to call themselves: They are proud to be a Bangladeshi. Nation needs to learn how to praise others by encouraging people rather than insulting their own nation towards the world.